Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 29) [2021] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 29) [2021] NSWSC 483 Hearing dates: 30 March 2021, written submissions filed 16 April 2021 and 26 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The following question is to be determined separately and in advance of all remaining issues in the proceedings: "Q 42: Should money received by Sample Group Members and Group Members from Round 3 of the Premier's Disaster Relief Fund be taken into account in the calculation of interest awarded to Sample Group Members and Group Members and, if so, in what way? (2) The question posed by Order 1 be answered as follows: "A: No." (3) Judgment for Ms Sharon Leanne Visser against the First Defendant in the sum of $151,279.17. (4) Judgment for Ms Lynette Joy Lynch against the First Defendant in the sum of $486,492.22. (5) Judgment for Mr John Bernard Keller and Mrs Betty Lynette Keller against the First Defendant in the sum of $643,414.81. (6) The First Defendant pay the Plaintiff's costs of the appearance on 30 March 2021 and the preparation of the Plaintiff's written submissions dated 16 April 2021. Catchwords: REPRESENTATIVE ACTIONS – Queensland Floods – damage for physical inconvenience – joint owners – each owner entitled to damages – interest on damages – whether reduced by grant monies not taken into account in calculating damages Cases Cited: Batchelor v Burke (1981) 148 CLR 448; [1981] HCA 30 Haines v Bendall (1991) 172 CLR 60; [1991] HCA 15 National Insurance Co of New Zealand Ltd v Espagne (1961) 105 CLR 569; [1961] HCA 15 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650 Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 26) [2020] NSWSC 1728 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 27) [2021] NSWSC 145 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 28) [2021] NSWSC 467 Screenco Pty Ltd v R L Drew Pty Ltd (2003) 58 NSWLR 720; [2003] NSWCA 319 Category: Consequential orders Parties: Rodriguez & Sons Pty Limited (Plaintiff) Queensland Bulk Water Supply Authority t/as Seqwater (First Defendant) SunWater Limited (Second Defendant) State of Queensland (Third Defendant) Representation: Counsel: J Sexton SC; N Owens SC; R May; S Chordia (Plaintiff) J Stoljar SC; D Klineberg; T Prince (First Defendant) D Williams SC; HJA Neal; A Barnett (Second Defendant) JM Horton QC; E Morzone; D Bampton (Third Defendant)